Website Privacy Policy

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SITE. THESE TERMS OF USE GOVERN YOUR USE OF THE SITE AND AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

These Terms of Use were last modified September 2, 2016.

1. Your Acceptance

IMPORTANT: These Terms of Use (these “Terms of Use”) form a legal agreement between IQuity, Inc. (“Company”, “we”, “our” or “us”), which owns and operates the iquitylabs.com website (collectively, including content provided through the website and service and all updates and modifications thereto, the “Site”), and you (“you” or “You”), a user of the Site. BY USING THE SITE AND AGREEING TO THESE TERMS OF USE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF USE, AND COMPANY'S PRIVACY POLICY, WHICH IS SET FORTH IN SECTION 8 BELOW (“Privacy Policy”). If you choose not to agree with any of these terms, you may not use the Site. We may revise and update these Terms of Use at any time.

THE SITE AND ALL CONTENT THEREIN ARE DESIGNED FOR INFORMATIONAL PURPOSES AND PERSONAL USE ONLY. COMPANY DOES NOT WARRANT OR GUARANTEE THE ACCURACY OR COMPLETENESS OF INFORMATION OR DATA THAT MAY BE MADE AVAILABLE THROUGH THE SITE. Any content that may be provided through the Site is not intended to be relied upon in situations where precise and accurate information is needed or where erroneous, inaccurate, or incomplete data may lead to death, personal injury, property, or environmental damage.

2. Site

A. Subject to your compliance with these Terms of Use, Company hereby grants you permission to use the Site, provided that: (i) your use of the Site is solely permitted for your personal use, and you are not permitted to resell, redistribute, sublicense, enable any timesharing or service bureau use of the Site, charge others for use of or access to the Site, or use the Site in any other manner inconsistent with these Terms of Use; (ii) you do not duplicate, transfer, give access to, copy, distribute or make available any part of the Site in any medium without Company’s prior written authorization; (iii) you do not attempt to reverse engineer, decompile, disassemble, attempt to derive the source code of, modify, create derivative works of, alter or modify any part of the Site; and (iv) you fully comply with the terms and conditions of these Terms of Use in all respects.

B. Information provided through the Site may contain links to third-party websites that are not owned or controlled by Company. Information and views contained on third-party websites are not ours, and you should refer to the separate terms of use, privacy policies, and other rules posted on third-party sites before you use them. We do not author, endorse, edit, or monitor them, and cannot be responsible or liable for (i) the availability or content provided on linked third-party websites; (ii) third-party content accessible through linked third-party websites; (iii) any loss or damage you may incur from, or related to your use of or access to, linked third-party websites; or (iv) your dealings with any third parties found on or through linked third-party websites.

C. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by the terms, conditions, and notices of these Terms of Use. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. Company has no obligation to monitor the Site. You further agree that you will not: (i) interfere with or disrupt the integrity or performance of the Site or the data contained therein or restrict or disrupt any other user from using and enjoying the Site; or (ii) attempt to gain unauthorized access to the Site or its related systems or networks.

D. Your rights under these Terms of Use will terminate automatically without notice from Company if you fail to comply with any term(s) of these Terms of Use. Upon termination, you shall immediately cease all use of the Site, and destroy all copies, full or partial, of the Site. Company reserves the right to terminate your access to any or all of the Site or to discontinue any aspect of the Site at any time for any reason whatsoever without notice to you.

3. Intellectual Property Rights

The Site and any and all intellectual property, trademarks, service marks, information, data or other materials furnished or provided to or accessed by You in connection with these Terms of Use, together with the design of the Site and text, scripts, graphics and features and other content and materials therein (“Content”) are the sole and exclusive property of Company, and are available to You solely for purposes of Your use of and access to the Site in accordance with these Terms of Use. The Content is owned by or licensed to Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. All rights, title and interests in and to the Site and all copyrights, trade secret rights, patents, trademarks and any other intellectual property or proprietary rights in and to the Site shall at all times remain the exclusive property of Company and/or its licensors. Except for the limited rights granted herein, nothing in this Agreement shall transfer to You any right, title, or interest in or to any Content. You agree to not use, copy, or distribute any of the Site other than as expressly permitted herein and shall not use the Site for any commercial purposes. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site in any manner, or remove, change or obscure any identification marks or notices of proprietary rights and restrictions on the Content or any elements of the Content.

4. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS SUPPLIERS, AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND CONTENT AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS, ACCURACY, COMPLETENESS, TITLE AND NON-INFRINGEMENT. THE SITE AND ALL CONTENT ARE PROVIDED “AS AVAILABLE” “AS IS” AND “WITH ALL FAULTS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SITE OR CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF COMPANY OR OUR SUPPLIERS’ SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY TRANSMISSION TO OR FROM THE SITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE THROUGH THE ACTIONS OF ANY THIRD PARTY. NEITHER COMPANY NOR ANY OF ITS SUPPLIERS OR AFFILIATES WARRANT THAT (A) THE SITE, CONTENT OR ANY OTHER CONTENT, INFORMATION OR SITES PROVIDED IN CONNECTION WITH THE SITE WILL MEET YOUR REQUIREMENTS, (B) THE QUALITY OF THE SITE, CONTENT, INFORMATION OR SITES ACCESSED BY YOU UNDER THESE TERMS OF USE WILL MEET YOUR EXPECTATIONS, (C) THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR (D) THE CONTENT OF THE SITE WILL BE UP-TO-DATE, COMPLETE, COMPRHENSIVE, OR ACCURATE, OR THAT ERRORS WILL BE CORRECTED.

5. Limitation of Liability

IN NO EVENT SHALL COMPANY, ITS SUPPLIERS, AFFILIATES OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM OR RELATED TO ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM OR RELATED TO YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS, (IV) ANY TRANSMISSION TO OR FROM OUR SERVERS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VII) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF USE OR PRIVACY POLICY EVEN IF COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE SITELICABLE JURISDICTION.

IF ANY EXCLUSION, DISCLAIMER OR OTHER PROVISION CONTAINED IN THESE TERMS OF USE IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION, AND COMPANY, OR ONE OF ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BECOMES LIABLE FOR LOSS OR DAMAGE THAT COULD OTHERWISE BE LIMITED, SUCH LIABILITY WHETHER IN CONTRACT, TORT OR OTHERWISE WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOUR USE OF THE SITE OR $100.00, WHICHEVER IS LESS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Any claim or cause of action arising out of or related to your use of the Site, these Terms of Use, or your use of Content made available through or on the Site must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Company to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.

The Site is controlled and offered by Company from its facilities in the United States of America. Company makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

6. Indemnity

You agree to defend, indemnify and hold harmless Company, its parent corporation, affiliates and their officers, directors, employees and agents, from and against any and all claims, demands, damages, obligations, losses, liabilities, actions, costs or debt, and expenses (including but not limited to attorney's fees and all reasonable expenses) arising from or related to your use of and/or access to the Site, any Content or any services made available through or on the Site in violation of these Terms of Use. This defense and indemnification obligation will survive these Terms of Use and your use of the Site.

7. General

You agree that the Site shall be deemed solely based in Tennessee. These Terms of Use shall be governed by the internal substantive laws of the State of Tennessee, without respect to its conflict of laws principles. Any claim or dispute between you and Company that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in Tennessee, provided, that you hereby agree that any dispute arising out of or relating in any way to these Terms of Use or your use of the Site and/or any information, materials or services you obtain from us requires that such claim be resolved exclusively by confidential binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Company’s intellectual property rights, Company may seek injunctive or other appropriate relief in a court of competent jurisdiction in Tennessee. The arbitration shall be conducted before three neutral arbitrators in Nashville, Tennessee, U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms of Use, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law.

BECAUSE THE USE OF THE SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.

The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (i) to the non-exclusive jurisdiction of the state or federal courts located in Nashville, Tennessee for any action (a) to compel arbitration, (b) to enforce any award of the arbitrators, (c) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, or (d) to enforce Company’s intellectual property rights, and (ii) to service of process in any such action by registered mail or any other means provided by law. Should this section be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that sole and exclusive jurisdiction and venue for any claims will be in the state or federal courts in Nashville, Tennessee. If any provision of these Terms of Use is deemed invalid or unenforceable by a court of competent jurisdiction, such provision shall not affect the validity or enforceability of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Company's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

8. Privacy Policy

The following Privacy Policy summarizes Company practices and policies with respect to information provided through or collected by Company in connection with the Site. By using the Site, You signify Your agreement to the terms of this Privacy Policy. If You do not agree with this Privacy Policy, you must not disclose any information through or use the Site. We may need to update or change this Privacy Policy from time to time in order to address new issues and to reflect changes to the Site. This Privacy Policy applies only to information collected through the Site and not to information collected offline. This Privacy Policy does not apply to the practices of companies that Company does not own or control, or to individuals whom Company does not employ or manage, including any of the third parties to which Company may disclose user information to the extent set forth in this Privacy Policy. If you do not agree to our practices, you may not use the Site.

A. The Information Company Collects & How It Is Used.

You may submit, upload or provide information that personally identifies You, such as Your name, email address, or telephone number (“Personally Identifiable Information”) through your use of the Site. Company does not collect data or information about you or your use of the Site, including your Personally Identifiable Information, except where you choose to provide us with such information through the Site, or if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law), international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened.

B. When Company Discloses Information.

We may share your Personally Identifiable Information with third parties that help us administer the Site and also to our business partners. In addition, we may collect and share your Personally Identifiable Information with third parties to enforce our Terms of Use, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Site or our servers, and to protect the rights, property, or personal safety of Company, our users or others.

C. Security.

We cannot ensure or warrant the security of any information you store using the Site and you do so at your own risk. You should exercise caution when storing information through the Site.

D. Our Commitment To Children’s Privacy.

Protecting the privacy of children is very important to us. The Children’s Online Privacy and Protection Act of 1998 (“COPPA”) defines a “Child” as anyone under the age of 13. Company strictly adheres to COPPA. For that reason, we do not collect or maintain information obtained through the Site from those we actually know are under 13, and no part of the Site is structured to attract anyone under 13.

E. Special Note to International Users.

The Site is provided in the United States and is intended for and directed to users in the United States only. If you are a user accessing the Site from a jurisdiction with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Site, which is governed by Tennessee law, this Privacy Policy, and our Terms of Use, you expressly consent to be governed by Tennessee law in order to use the Site and for the purposes outlined above.

F. Do Not Track.

Some browsers have a “do not track” feature that lets you indicate that you do not wish to have your online activities tracked. These features are not yet uniform, so we do not currently respond to such features or signals. Therefore, if you select or turn on a “do not track” feature in your web browser or block or delete tracking cookies, we and our third-party providers may continue collecting information about your online activities as described in this Section 8.

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